Chile (CL)
Latest News: 08-02-2010 (Newsletter Issue 13)
Use of Vienna Classification
The National Institute of Industrial Property of Chile (INAPI) announced that the registration of trade marks will be made only based on the International Classification of Goods and Services under the Nice Agreement 9th Edition effective from September 1st, 2010.
Source: www.inapi.cl
05-09-2010 (Newsletter Issue 10)
Online Payment Services for TM Publication Launched
The Chilean Official Journal and the National Institute of Industrial Property of Chile (INAPI) jointly launched an online payment service for the publication in the Official Journal of extracts of trademarks that are accepted for processing.
Source: www.kluwermanualip.com
Legal basis is the new Industrial Property Law, in force since September 30th, 1991 modified by Law No. 1996 in force since December 1st, 2005.
The international classification of goods and services consisting of 45 classes has been adopted (Exception: There are two special classes, one for trade and another one for industrial production).
Trademark protection is obtained by registration.
Registrable as a trademark are all distinctive and graphically representable signs as well as sound marks and slogans.
The following trademark types are registrable: trade marks, service marks.
The application is filed at the Patent Office.
Multiple-class applications are possible. However, classes of goods and classes of services cannot be named together within the same application. The two special classes (see above) have to be named in separate applications as well.
Foreign applicants need a local agent.
A power of attorney signed in the presence of a notary and authenticated by a Chilean consulate is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination cannot be registered, even if they have been registered in other countries.
The processing time from first filing to registration is approx. 5 to 8 months. The first office action is taken after approx. 3 months.
Before registration, the trademark application is published in the official gazette.
The opposition period is 30 days from publication date of the application.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years. Upon renewal, trademarks receive a new trademark number and registration date.
There is no use requirement.
The official fee is approx. EUR 180.00 per class (filing fees and registration fees).
| Search type |
First class |
Add. class |
| Word Mark Search (availability) |
230,00 € |
190,00 € |
| Word Mark Search (identical) |
210,00 € |
150,00 € |
| Extended Search (word mark, company name, domain) |
690,00 € |
190,00 € |
| Device Mark Search (availability) |
660,00 € |
450,00 € |
| Trademark Owner Search |
240,00 € |
|
| Company Name Search |
540,00 € |
|
| Domain Name Search (extended) |
|
|
| i-Search (word mark availability + legal opinion) |
430,00 € |
360,00 € |
The Prices above are S.M.D. Markeur Search Fees